The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-04-17
INTERSTATE COMMERCE.
A New argument As to the Interpretatis
OF the Law.

OF the Law.
mings, General Counsel for the Louis
vile, New Orleans and Texas Railroad
Company, addressed the Inter State
Commission to-day in support of the pc
tition filed by that company. He de
described the line of the road, and
said it touched the Mississippi River
at both termini and at several interme-
diate points. but lay at an average of
twenty-five miles from the river along
most of its route. 1t thus came into di-
rect competition with water lines at sew
eral points, and it became necessary to
give lower ltes to retain business.
The fileo schedules published by the
Barge and Steamer lines showing that
they made lower rates to competing
points than at way landings. He then
discussed the intentions of the trainers
of the Interstate Commerce law and
said that while they had forbidden an
increase of rates without due notice
they had left full liberty to make reduc-
tiOns at will. This he held to be an evil
dence of the purpose to encourage and
promote competition such as his
road proposed and wished always
to continue. The Senate, he argued,
had in view these very circumstances
when by a unanimous vote it inserted in
the bill the words under similar cir
cumstances and conditions" He quoted
the opinion expressed by Senator Cul-
lOm in debate, in support of the theory
that this amendment was intended To re-
lieve the absolutism of the original bill.
The law-making body, he thought, had
also in mind the decisions of the courts,
both State and Federal, upon this point.
Several of these decisions he cited briefly.
He argured that it was individual
discrimination alone which was ObnOx-
ious to the law; and that ..discrimina-
ton" treated all ke-discriminatiOn
which was necessary, as in the case of
his company, to secure a share of the
competing traffic, was not to be dis
turbed. Believing this to be the right
Interpretation of the law, his company
in the utmost good faith, was act
ing in accordance with it; but if it were.
in the judgment of the Commission.
an erroneous Interpretation, then he
asked the relief described in the petition,
namely, the privilege of meeting the
rates of the water lines at competing
points.
The Northern connecting lines, from
Kansas City and St. Louis to Memphis
held differently, believing it illegal to
make lower rates for long than short
hauls under any circumstances, unless
expressly authorized by the Commission.
Owing to this divergence of opinion,
through traffic was suspended.
This was an additional reason for
prompt decision on this point by the
Commission. Mr.. Cummings stated that
the associated lines, in whose behalf the
long and short haul clause was tempo
arily suspended ten days ago, We're, un-
der their Interpretation of that order
making rates to interior points which
his road was unable to meet.
As he was about to conclude his re-
marks his attention was called to a COM
plaint from Port Gibson, La, charging
his road with unjust discrimination
against that place and in favor of Vicks-
burg. The complaint set forth that the
rate upon cotton from Port Gibson to
New Orleans was $1.75 per bale while
for a longer haul, from Vicksburg, 15c.
was charged. The people, it said, had
expected lower rates as an effect of the
Interstate Commerce law. One thous-
and bales We're now awaiting shipment.
Mr.. Cummings said he pleaded guilty
to everything charged. This was exactly
what his road was doing and what it
asked leave to continue to do. The rates
given by the road from Port Gibson are,
he said, fully one dollar a bale lower
than the prices paid for hauling before
the road was built.
The Commission mOdifies to-day the
order heretofore granted on application
of the Mobile and Ohio Railroad Com
pany, so as to conform with the order
made on application of the Southern
Railroad and Steamship Association.
limiting its operation to points south of
the Ohio river, and to business to and
from such points, from and to points
north of the Ohio river.
The Interstate Commerce Commission
has granted an order admitting the Illi-
nois Central, the St. Louis and Cairo
Short Line, the Tennessee and Ohio, Nor
folk and Western, Richmond, Freder-
icksburg and Potomac, New York, Phila-
delphia and Norfolk, Cape Fear and Cad
kin Valley, Louisville, New Orleans and
Texas. and the Newport News and Mis-
sissippi roads, operating east of the Mis-
sissippi and south of the Ohio to the BEN
eft of the suspension of Section Four of
the act